General Terms and Conditions of Use (T&Cs)
of the website
– Preamble and Purpose
The website, https://www.samaya-equipment.com/ (hereinafter, the “WEBSITE”) is the exclusive property of SAS SAMAYA, a simplified joint-stock company with a capital of 100,000.00 euros, registered in the Annecy Trade and Companies Register in France, under the number RCS 843 620 170, and whose registered office is located at 12C Avenue du Pré Faucon, PAE des Glaisins, Annecy Base Camp, 74940 ANNECY LE VIEUX, FRANCE.
Tel : +33 4 83 43 08 30 – Email address: firstname.lastname@example.org
These general conditions of use are intended to apply to any person browsing the WEBSITE (hereinafter, the “USER” or collectively the “USERS”).
By using the WEBSITE, the USER expressly acknowledges that he or she is bound by, accepts and complies with these general conditions of use as defined below.
– Information presented on the WEBSITE
Photographs and images on the WEBSITE are non-contractual.
– Links to other websites
The WEBSITE may contain hyperlinks or otherwise direct the USER to websites or web pages administered by third parties. SAMAYA accepts no responsibility for the content and characteristics of such websites or web pages. The fact that SAMAYA proposes such links does not carry any implicit approval of the content of these websites or web pages.
– Guarantees and responsibilities
SAMAYA declines any responsibility, in particular:
– for any interruption of the operation of the WEBSITE
– for any occurrence of computer bugs
– for any damage resulting from a fraudulent intrusion by a third party having led to a modification of the information made available on the WEBSITE
– if one of the hypertext links referenced on the WEBSITE should provide content contrary to propriety and the laws in force.
As a general policy, SAMAYA declines any responsibility for any damage, material or immaterial, direct or indirect, whatever the causes, origins, nature or consequences, including in particular the loss of profits, customers, data or any other loss of intangible goods which might occur because of the access by any person or persons to the WEBSITE or the impossibility to access it or the credit attributed to any information coming directly or indirectly from the latter.
USERS declare that they know and understand the Internet, its hazards and limitations and in particular its functional characteristics and technical performance, the risks of interruption, the response times for consulting, querying or transferring information, the risks, whatever they may be, inherent in any connection to the network.
– Intellectual property
Intellectual property, including the layout, structure and graphic and textual elements of the WEBSITE are the property of SAMAYA and subject to the laws governing intellectual property.
The use of the WEBSITE does not confer any right to the USER. These rights remain the exclusive property of SAMAYA.
Accordingly, all text, data, logos, images, photographs, brands (without this list being exhaustive) reproduced on the WEBSITE are reserved and protected by the French Intellectual Property Code, in particular the copyrights, the right of the brands, etc. Any use and/or reproduction is prohibited and constitutes an infringement punishable in accordance with the provisions of the said Code.
Consequently, USERS must not under any circumstances and in any way, reproduce, represent, distribute, commercialize, concede all or part of any of the elements reproduced on the WEBSITE and all or part of the WEBSITE in general, without the prior and express agreement of SAMAYA.
Furthermore, USERS are prohibited from making copies of the WEBSITE without the prior authorization of SAMAYA.
Any illicit use of all or part of the WEBSITE will be prosecuted.
The creation of a link to the WEBSITE must be the subject of a prior and written authorization on behalf of SAMAYA.
– Personal data
Classification of collected data:
The personal data collected and subsequently processed by SAMAYA are those that the USER voluntarily transmits via the WEBSITE to SAMAYA. These data may include the following information: surname, first name, telephone number, e-mail address, company, position, address, city, postal code, state/province, country.
SAMAYA collects through its member area, information for personalization of the service which includes the following data: photo avatar, username, surname, first name, email address.
Purpose of the collection of personal data:
The USER authorizes SAMAYA to save this personal information in a SAMAYA file, for the execution of its service, the automated profiling of the USER, the management of customers, market research, and commercial or promotional offers.
Transmission of data to third parties:
Data collected may, insofar as it proves to be necessary with regard to the purposes stated above, be transmitted to the service providers of SAMAYA (data-processing service providers, hosts, etc.) in order to respond favorably to the needs of USERS.
Nevertheless, SAMAYA undertakes not to transmit the data provided to third parties or outside of the European Union.
Right of access and rectification:
USERS are informed that, in accordance with the French and European regulations in force, they have the following rights subject to proving their identity:
• The right to oppose, for legitimate reasons, that any personal data concerning him or her be subject to processing other than that declared herein, to which he or she has consented
• The right to object, without charge, to data collected being the object of current or future commercial processing by the data controller
• The right to be informed about the processing of his or her personal data
• The right to obtain information on the processing of personal data managed by SAMAYA and any information that allows to know and, if necessary, to contest the reasoning that presides over the processing of the said data
• The right to obtain a copy of the personal data concerning him or her, as well as the right of rectification, portability, updating or deletion of all or part of such data
For any question or request relating to the protection of privacy, USERS may contact SAMAYA at the following email address: email@example.com
or by post to the following address: SAMAYA, 12C Avenue du Pré Faucon, PAE des Glaisins, Annecy Base Camp, 74940 ANNECY LE VIEUX, FRANCE.
The USER is informed that if he or she does not wish to be canvassed commercially by telephone, he or she can register free of charge on an opposition list to canvassing, for example: www.bloctel.gouv.fr.
A cookie is a text file installed on the hard disk of the connection terminal at the request of the site consulted by a browser. It records information relating to internet browsing and enables the said site to determine whether the same browser has previously been connected. Its storage period is defined by the site operator and may be limited to the browsing session on the site in question or a longer period.
In accordance with the Ordinance of 24 August 2011 on the application of European Directives on the protection of privacy on the Internet, a cookie may not be placed on the computer of USERS without their prior consent.
For information, the cookies used on the WEBSITE by SAMAYA are the following:
Our websites use these cookies to record information that affects the way they work or appear (such as your preferred language or geographic location).
We use security cookies to authenticate users, prevent fraudulent use of login information and protect user data from unauthorized third parties.
– Google analytics
Google Analytics is a Google web analytics tool that allows website and application owners to better understand their users’ behavior.
Furthermore, USERS may refuse the installation of cookies by configuring their browser.
USERS may thus oppose the registration of cookies by following the procedure described above, depending on their browser.
However, USERS are advised that they will not be able to benefit from certain functionalities of the WEBSITE if they do not accept the installation of cookies, in particular: browsing preferences, access to personalized services, etc.
The SITE may redirect to “social plugins” (Facebook, Twitter, YouTube, Viadeo, LinkedIn, among others) which allow the proposing of content recommendations, to use profile data for comments, to register or fill in forms or to display content from social websites.
SAMAYA is not responsible for the installation by the social network(s) of third party cookies on the USER’s computer.
SAMAYA pays particular attention to the protection of the personal data of the USERS against any form of damage, loss, misappropriation, misuse, alteration or unauthorized access.
This vigilance is carried out in particular through the use of cryptographic means in the transmission of data (SSL certificate).
– Modifications of these general terms and conditions of use
SAMAYA reserves the right to modify the provisions of these general terms and conditions of use at any time and without notice. USERS will be automatically bound by these modifications and must therefore periodically check if their use of the WEBSITE is in conformity with the provisions of these general terms and conditions of use.
– Applicable Law and Jurisdiction
The operation and use of the WEBSITE are subject to French law.
In the event of litigation concerning in particular the use or the contents of the WEBSITE, the USER is informed that he or she may have recourse, free of charge, to a consumer mediator, following the event of failure of an attempt to amicably reach a settlement directly with SAMAYA, in accordance with the provisions of French consumer law.
To this end, the USER is informed that SAMAYA has appointed the following mediator:
MEDICYS, whose contact details are as follows: 73 boulevard de Clichy, 75 009 Paris, FRANCE, and whose website is https://medicys.fr
In addition, the USER has the option to use the European Online Dispute Resolution (ODR) platform available using the following link: https://ec.europa.eu/consumers/odr/main/?event=main.home2.show
In the absence of mediation, the jurisdictional competence is that of the French courts. The competent court will be designated according to the rules of procedure in France.
The English-language version of these general terms and conditions is a translation, and is provided for information purposes only. In the event of conflict in the translation, the French text shall prevail. (La version anglaise de ce contrat est une traduction et n’est fournie qu’à titre d’information. En cas de conflit dans la traduction, le texte français prévaudra.)